Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, grant of---Delay in recovery of crime weapons and empties---Effect---Further inquiry---Scope---Pendency of criminal cases against any of the accused---Effect---Prosecution had contended that empties and crime weapons had been effected from the accused persons so they were not entitled to bail---Validity---Total 14 empties of pistol, one empty of rifle and 4 empties of Kalashnikov were recovered, but record revealed that said empties were sent to the Forensic Science Laboratory for opinion after a delay of 23 days while crime weapons were allegedly recovered from the accused after two months which were also sent to the laboratory after delay of 3 days for which no plausible explanation had been furnished---Whether said empties and the crime weapons were the same, which were used in the commission of offence or otherwise was yet to be determined at trial---Mere pendency of criminal cases against any of the accused did not ipso facto disentitle the accused for the grant of bail if otherwise they were entitled for bail---Nothing was available on record that accused persons were convicted in other criminal case and conviction was maintained up to the level of superior court---None of the accused persons had caused any injury to the deceased---Matter came, in circumstances, would fall within the ambit of purview of S.497(2), Cr.P.C.---Bail was allowed. Muhammad Irshad v. Allah Ditta 2017 SCMR 142; Muhammad Faiz alias Bhoora v. State 2015 SCMR 655 and Muhammad Imran v. The State 2016 SCMR 1401 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Pendency of criminal case against accused---Effect---Mere pendency of criminal cases against the accused did not ipso facto disentitle the accused for the grant of bail if otherwise he was entitled for bail. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, JUSTICE:---.--- Having remained unsuccessful in obtaining their release on bail from the trial Court in Crime No. 360 of 2015, registered under sections 302,120-B, 337-H(ii) and 35, P.P.C. of P.S.…

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